Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1887-10-06
From Wheeling Register Of lst instqat.
IMPORTANT OPINION
announced Dy Judge Jackson, Ia e
United states Court Yesterday.

The United States District Court adjourn
ed Yesterday. Judge Jackson delivered his
opinion in the chancery cause OF OPie vs..
Castlenan. in which the Court held that
the plaintiff was right in his claim and that
be was entitled, in equity and law, TO the
relief sought. The case ID Of so unusual
and interesting q nature, that It IS worthy
of detailed narration.
In 1856 Hiram l. Opie, the father OF the
plaintiff, sold to Henry Castleman, now de-
ceased. a tract of land in Jefferson county,
then in the State of Virginia, for the sum
Of 81. 1856, ten thousand dollars cash in
hand. and the remainder in deferred install
ments, evidenced by notes bearing date Jan
uary Isl. 1856. the first for 5000, due jan
uary l. 1857 the second for 5000, bear
ing date January l, 1858, and six other
notes for S2,622.27, payable respectively
January l, 1859 1860, 1861, 1862, 1868 and
1864. all bearing Interest from date. Short
" after the sale of the land, Opie removed
70 Augusta county, Va, where be resided
until his death in 1862. At the time Of the
sale a proper deed was made for the land,
and the deferred payments were secured by
deed Of trust. When the grantor died there
remained unpaid four Of the deferred pay
ments. for the sum of s3,622.28 each. In
November, 1862, the widow Of the deceased
Hiram L. Opie and Thomas L. Opie quail
fed As personal representatives Of the estate
of the decedent
Late in the year 1862, Castleman, know
ing there was due on the purchase money
Of the notes which had matured January l,
1861, and January l, 1862, something like
S, 900, with unpaid interest, got together
notes Of the Confederate States and Virgin
ia bank notes sufficient to pay off the notes
due. and crossing the military lines to Au-
gu,ra county, he found Mrs Opie, one Of
the personal representatives, above mention
ed, and paid off and discharged the notes
then overdue, the money paid by him at
the time being greatly deprecated. At the
time this payment was made, Mary and
John, heirs of the decedent, were under
aye. and the plaintiff in this action was
away from home and has not ratified the
action OF the personal representatives Of the
estate. Subsequently Castleman paid and
discharged the notes which fell due in Jan
uary 1868 aud 1864 in the deprecated cur
reucv. and in 1868 4 release was executed
by the trustee in the deed Of trust upon the
request Of Mrs. Opie, the administrative OF
estate. The estate of the decendent was
not in debt, but the greater part Of the mon
ev which thus came into the possession OF
the personal representative was invested IN
the bonds Of the Confederate States.
These being the facts in the case, the
question which presented itself for the con-
sidera,ion Of the Court was, we're the pay
ments made on contract entered into be-
fore the war, and which at the time were to
be discharged in the lawful money Of the
United states, satisfied and extinguished by
the payments made to the fduciaries IN a
deprecated currency?
In concluding his opinion which Is
lengthy aud interesting Judge Jackson said:
we are of opinion that not only is the
plaintiff As q matter of strict legal right en-
titled 10 the relief sought, but that 1t Is sim
pie justice.
o." The heirs Of Castleman enjoy landed
estate of great value, which was purchased
90 be paid for In the lawful money Of the
United States, and The heirs of Opie who are
suing in this case have never received the
consideration promised under the contract
of ISj6. We take no notice of the fact that
the money received by the executors, as
payment of the debts due, had some value,
/ for the reason that we hold the payment,
rs far rs the parties TO this action are con-
cerued. was illegal and void, and any relief
the heirs of Castleman may have, II, IN fact,
they have any, IS against the executor"
A decree will be prepared in conformity
with the views Of the Court as expressed IN
the opinion, referring the cause to j COM
missioner TO ascertain the interests of the
plaintiffs and the two heirs of John Opie
and Mrs. Mead in the debt secured By the
deed of trust upon the land sold by their
ancestor, and to ascertain any other liens
upon said lands.
The attorneys in the cause were Col. Rob-
ert White for the plaintiff and Marshall
Mccormick and R. T. Barton, Of Virginia
| for the defendants.
The Court Of Appeals at Staunton Oh
Thursday affirmed the decision of the Cir
cui. Court in the case Of the Washington
Ohio and Western Railroad Company a
cainst Casenave and the county of Clarke
/ By this decree Clarke county Is held liable
I for its 500, 900 subscription to the capita
stock of the old Alexandria, LOudOun anC
Hampshire Railroad, the predecessor Of th'
Washington. Ohio and Western Railroad
I Company, but the railroad company unde
I its contract must indemnify the county
The sale of the road Is decreed.
CHURCH NOTES.